Kirklees Metropolitan Borough Council (25 025 674)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 22 Jun 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about an alleged data breach. This is because complaints about data matters, such as this, are best considered and decided by the Information Commissioner’s Office.
The complaint
- Mr X complains the Council committed a data breach in sharing his personal data in an assessment report with a third party without his consent.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
- We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complains the Council committed a data breach in wrongly sharing his personal data in an assessment report without his consent.
- We will not investigate this complaint. This is because it is made about data matters which are best considered and decided by the Information Commissioner’s Office (ICO). It is the body set up to consider complaints about data matters such as this. It is best placed to consider the issues raised in this complaint. We will not also consider it.
- One of the outcomes Mr X seeks is for the Council to provide financial compensation for the alleged data breach. It is reasonable to expect Mr X to use his right to pursue a claim in the courts for compensation once the ICO has reached a decision on the alleged breach.
Final decision
- We will not investigate Mr X’s complaint because it is made about a data matter the Information Commissioner is best placed to consider and decide.
Investigator's decision on behalf of the Ombudsman